LETTER TO WILLIAM J. CASEY FROM DAVE DURENBERGER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G00186R001201610026-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 22, 2016
• Document Release Date: March 17, 2011
• Sequence Number: 26
• Publication Date: September 11, 1985
• Content Type: LETTER

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The DDA was not on the distribution list
for the Durenberger/Roth letters.
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clearances, and similar actions
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6041-102 OPTIONAL~yFORM 41 (Rev. 7-76)
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STAT
STAT
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EXECUTIVE SECRETARIAT
POUTING SLIP
STAT
`16 Sept 85
Date
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DAVE 0URENBERGER, MINNESOTA. CHAIRMAN
PATRICK LEAHY, VERMINT. VICE CHAIRMAN __.~.
WILLIAM V. ROTH. JR., DELAWARE LLOYD BENTSEN. TEXAS
LVILLIAM S COHEN, MAINE SAM NUNN, GEORGIA `-- 3530
ORRIN HATCH, UTAH THOMAS F. EAGLETON. MISSOURI I _
FRANK
(~'
LEN M SPECTER. ECTER. EI, ALASKA ERNEST F. HOLLINGS, SOUTH CAROLINA 'Unit
ARLEN
CHIC HECHT, NEVADA PENNSYLVANIA BILL BRADLEY. NEW JERSEY Cd y{.Bi ` ~tateA?I ~ ~ a*4
MITCH McCONNELL KENTUCKY DAVID L BOREN, OKLAHOMA
ROBERT DOLE, KANSAS, EX OFFICIO
ROBERT C. BYRD, WEST VIRGINIA, EX OFFICIO
The Honorable William J. Casey
Director of Central Intelligence
Central Intelligence Agency
Washington, D.C. 20505
Thank you for your letter concerning the adverse
impact that H.R. 2401, the Field Office Closing
Justification Act, would have on intelligence activ-
ities.
This legislation has been referred to the Senate
Committee on Governmental Affairs, and we have been
assured that the Bill will be amended to reflect your
concerns. I would suggest that you have your staff
contact Roger Sperry (224-4751) of the Governmental
Affairs Committee staff, who is handling this matter.
Please do not hesitate to contact us again if you
need any additional assistance.
SELECT COMMITTEE ON INTELLIGENCE IN REPLY PLEASE
WASHINGTON, DC 20510 REFER TO #85-3037
8S- i
z,s71Z
September 11, 1985
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Central Intell `.encc Agency
The Honorable Dave Durenberger
Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
5 2-~Y-5 .7/ 1 re-
C)
Recently the House passed H.R. 2401, the Field Office
Closing Justification Act. If enacted into law, this
legislation would defer the closure or reorganization of any
field office of any agency and any personnel actions incident
thereto for 120 days. In addition, the agency proposing such
action would be required to file a comprehensive report and
impact analysis on the closure or reorganization to the
Congress.
We wish to register our strong opposition to H.R. 2401, and
to seek your assistance in obtaining relief for the
Intelligence Community from the bill's application. For a
number of reasons, the bill is incompatible with intelligence
activities and would be harmful to the national security.
Of particular concern to the Community are the reporting
requirements mandated by the bill. The required report to
Congress must identify the office or offices involved, and the
nature and the reasons for the proposed closure or
reorganization. Furthermore, this report must compare the
number of employees who are assigned to the office before and
the number assigned immediately after the proposed action. An
accounting for any difference in these numbers incident to the
closure or reorganization, including a summary of personnel
actions, also must be included.
In addition, a comparison must be made of the functions
performed by the office before and after the implementation of
the proposed action. The report must provide an assessment of
the relative capability of the office to perform its assigned
functions before and after its proposed reorganization. The
agency must assess and report on the economic impact and other
consequences of the reorganization on the community in
which the office is located. Finally, there must be a
statement of the cost, benefits and other effects expected to
flow from the reorganization or closure.
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This report must be submitted to Congress when it is in
session;. In practice then, the delay in closure or
reorganization may be much longer than 120 days. Given the
size of many CIA field offices, the transfer of two persons
could trigger these reporting requirements. These reportinu
requirements are particularly troubling given the expresses
purpose. of the bill to bring this "entire process out into the
open."
Application of this legislation to the CIA would be harmful
to the national security. By its very nature, successful
intelligence gathering and counterintelligence operations must
be flexible and secure. Reorganizations, closures, and changes
in function are contingent in many cases upon unique
opportunities or unforeseen requirements. In many instances,
the Agency takes a project approach for the accomplishment of
an objective fully intending to close the office on completion
of the project. Moreover, it is not uncor-imon for the Agency to
have a one person field operation. Such reporting and the
attendant statutory delay period are particularly troublesome
with respect to cover operations where a function may have to
be closed down overnight if its presence is disclosed. The
impairment of intelligence activities that would result from
this till is unnecessary since there is no major reorganization
or closure at the Agency of which the Intelligence Committees
are not informed.
Preparation of these reports would be a substantial
diversion of intelligence resources. In an increasingly
complex and dangerous world, the Agency needs greater
flexibility not rigidity in the allocation of human resources.
Intelligence activities are extremely time sensitive and the
delays required by H.R. 2401 are simply intolerable.
Accordingly, for the reasons stated above, we are strongly
opposed to the enactment of H.R. 2401. Members of my
legislative liaison staff are available to work with the
Committee on this important matter.
The Office of Management and Budget advises that there is
no objection from the standpoint of the Administration's
program to the submission of this report.
Sincerely,
William J. Casey
Director of Central Intelligence
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Distribution:
Original - Addressees
Senator Durenb=rger
Senator Potlh
1 - DCI
1 - DDCI
1 - EMIR
1 - D/OLL
1 - DD/OLL
1 - OLL Chrono
1 - /Sub - Misc. Pers.
1 - Signer
LEx/OLL (16 August 1983)
STAT
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g5 2 457/1
Ccntril Intclli,cncc Aicnc~
The Honorable William V. Roth, Jr.
Chairman
Committee on Governmental Affairs
United States Senate
Washington, D.C. 20510
Recently the House passed H.R. 2401, the Field Office
Closing Justification Act. If enacted into law, this
legislation would defer the closure or reorganization of any
field office of any agency and any personnel actions incident
thereto for 120 days. In addition, the agency proposing such
action would be required to file a comprehensive report and
impact analysis on the closure or reorganization to the
Congress.
We wish to register our strong opposition to H.R. 2401, and
to seek your assistance in obtaining relief for the
Intelligence Community from the bill's application. For a
number of reasons, the bill is incompatible with intelligence
activities and would be harmful to the national security.
Of particular concern to the Community are the reporting
requirements mandated by the bill. The required report to
Congress must identify the office or offices involved, and the
nature and the reasons for the proposed closure or
reorganization. Furthermore, this report must compare the
number of employees who are assigned to the office before and
the number assigned immediately after the proposed action. An
accounting for any difference in these numbers incident to the
closure or reorganization, including a summary of personnel
actions, also must be included.
In addition, a comparison must be made of the functions
performed by the office before and after the implementation of
the proposed action. The report must provide an assessment of
the relative capability of the office to perform its assigned
functions before and after its proposed reorganization. The
agency must assess and report on the economic impact and other
consequences of the reorganization on the community in
which the office is located. Finally, there must be a
statement of the cost, benefits and other effects expected to
flow from the reorganization or closure.
Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88G00186R001201610026-7
 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88G00186R001201610026-7
This report must be submitted to Congress when it is in
session. In practice then, the delay in closure or
reorganization may be much longer than 120 days. Given the
size of rranv CIA field offices, the transfer of two persons
could tri -)cer t hese reporting recuirements. These reportinc
recuire;-e-;ts are particularly troutlinc given the expressed
purpose of the bill to bring this "entire process out into the
open."
Application of this legislation to the CIS. would be harmful
to the national security. By its very nature, successful
intelligence gathering and counterintelligence operations must
be flexible and secure. Reorganizations, closures, and chances
in function are contingent in many cases upon unique
opportunities or unforeseen requirements. In many instances,
the Agency takes a project approach for the accomplishment of
an objective fully intending to close the office on completion
of the project. Moreover, it is not uncommon for the Agency to
have a one person field operation. Such reporting and the
attendant statutory delay period are particularly troublesome
with respect to cover operations where a function may have to
be closed down overnight if its presence is disclosed. The
impairrr;ent of intelligence activities that would result from.
this bill is unnecessary since there is no major reorganization
or closure at the Agency of which the Intelligence Committees
are not informed.
Preparation of these reports would be a substantial
diversion of intelligence resources. In an increasingly
com._lex and dangerous world, the Agency needs greater
flexibility not rigidity in the allocation of human resources.
Intelligence activities are extremely time sensitive and the
delays recuired by h.R. 2401 are simply intolerable.
Accordingly, for the reasons stated above, we are strongly
opposed to the enactment of H.R. 2401. Members of my
legislative liaison staff are available to work with the
Committee on this important matter.
The Office of Management and Budget advises that there is
no objection from the standpoint of the Administration's
program to the submission of this report.
Sincerely,
4I { I
~.1 J t~ { v I~'~1
William J. Casey
Director of Central Intelligence
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